The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below rendered is too unhued and unfair.

2. The Defendant had the record of being punished for driving light alcohol in 2013, and the Defendant’s blood alcohol concentration at the time of the instant case is not lower than 0.119%, and the Defendant’s physical and human damage caused by a traffic accident is disadvantageous to the Defendant.

However, the fact that the defendant recognizes and reflects the crime of this case, the injury of the victim due to the traffic accident of this case is minor to the extent that it is necessary to treat the victim for two weeks, the agreement is made with the victim, the defendant was punished for the same crime once, the defendant was punished with a fine of KRW 1.5 million at the time, and there was no other record of crime, and the defendant would not repeat the crime in the future.

In full view of the fact that a vehicle that had been driven at the time was scrapped, and other various circumstances, such as the Defendant’s age, environment, sex, circumstances leading to the crime, and circumstances before and after the crime, etc., which are the conditions for sentencing as shown in the records and arguments in this case, the lower court’s punishment cannot be deemed unfair because it is too unfeasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.